The law that deals with the Community Protection Offender Register in Tasmania is the Community Protection (Offender Reporting) Act 2005. The main purpose of the register is to:
- reduce the chances a person will re-offend
- aid the investigation of any future offences a person may commit.
Only authorised persons can access the Community Protection Offender Register in Tasmania. The information can be disclosed only if authorised by the Commissioner of Police or required by law.
A person who has been sentenced for a relevant offence, or who the court believes poses a risk of committing another such offence, can be added to the register.
The relevant offences fall into three categories.
This class includes:
- possession of, accessing, or trying to access, child abuse or exploitation material
- showing a child obscene material
- loitering near children
- indecent exposure
- assaulting a child with indecent intent.
Offences which fall into class 2 include:
- making, reproducing, or distributing child exploitation material
- sexual conduct with a child under 16 years
- sexual intercourse with a child under 17 years
- maintaining a sexual relationship with a child under 17 years
- sexual intercourse with a mentally impaired person
- allowing unlawful sexual intercourse to occur on the person’s property
- indecent assault
Class 3 includes:
- involving a child in the production of child exploitation material
- inviting, procuring, or attempting to procure, a child for child exploitation material
- procuring sexual intercourse with a child
- inducing a child under 16 years to have sexual intercourse
- aggravated sexual assault on a child
- incest involving a child
- kidnapping and abduction, or harbouring an abducted child
- stalking a child.
The reporting period for the Community Protection Offender Register in Tasmania depends upon which offences have been committed and how many.
An offender must report for a period of 8 years for:
- a class one offence.
An offender must report for a period of 15 years for:
- more than one class 1 offence
- a class 2 offence
- a class 3 offence.
An offender must report for life for:
- two or more class 2 offences
- two or more class 3 offences
- 1 or more class 2 offences and 1 or more class 3 offences
- offences of murder or manslaughter if committed with a class 1, 2 or 3 offence.
An offender on the Community Protection Offender Register in Tasmania must report the following:
- their name, including any other name they have used, and the period of time they used it
- any application or proposed application to the Registrar of Births, Deaths and Marriages to change any details
- date of birth
- all address/es at which they generally reside
- the names and ages of any children who live at the same property, or with whom the offender has unsupervised contact
- full details of any employment
- details of involvement with any club or organisation with child members or participants
- full details of any motor vehicle owned or driven
- details of any permanent distinguishing marks or tattoos (including those that have been removed) and any surgery or procedure which has significantly altered their appearance
- full details of any internet or carriage service used, or intended to be used
- user names and passwords for any email addresses, internet, chat room, instant messaging, or similar
- full details of any other identity used, or intended to be used, on the internet or through any other electronic communication service, and the relevant passwords
- details of convictions outside of Tasmania for a class 1, 2 or 3 offence, or for an offence that required them to report, including where the conviction occurred or the order was made
- if they have been in custody since being sentenced, or if they have been released from custody in respect of a relevant offence, details of that custody.
An offender listed on the Community Protection Offender Register in Tasmania must report:
- within 7 days of the court making an order
- if in custody, within 7 days of release
- if convicted interstate, within 7 days of arriving in Tasmania if intending to stay for 14 days or more
- if leaving Tasmania for 7 days or more, at least 7 days prior
- if returning to Tasmania, within 7 days of return
- if there have been any changes to personal details, within 7 days of those details changing.
If the offender does not comply with their reporting obligations, they may be charged with an offence punishable by a fine of up to $15,400, imprisonment of up to 2 years, or both.
If the information they provide is false or misleading, they may be fined up to $7,700, imprisoned for up to 6 months, or both.
This article reflects the state of the law as at 22 December 2015. It is intended to be of a general nature only and does not constitute legal advice. If you require legal assistance, please telephone 1300 636 846 or request a consultation at gotocourt.com.au.